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Scottish Law - Parking on Private Land


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Notice received from a company requesting payment of £70 i.e. £60 + Admin Fee. The Notice or invoice does give all the details that Town & City omitted in their Notice to Owner.

 

I had to search on the web to find out who they are .. Debt Recovery Agents & Sherifs Officers. Might get my day in court after all ;)

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LEGAL EAGLES AND INFORMED FOLKS: Could you proof read and give advice prior to posting please :)

 

Vehicles Fee Paying Enquiry Section

DVLA

Swansea

SA99 1AJ

 

RE: Release of Information Request V888/2

 

Dear Sir/Madam

 

This letter requests no personal information and as such should not be interpreted as a Subject Access Request therefore no fee is due however if necessary I will serve a Subject Access Request subject to your response to this letter.

 

DVLA records will clearly detail that I am the Registered Keeper of Vehicle Reg. Number: XXXX XXX.

 

On the XX March 2009 I received an Invoice for an alleged Parking Charge Notice (PCN) issued on XX Dec 2008 by PPC purported I assume against my vehicle for some form of contravention or infraction. A copy has been enclosed which will be discussed in detail later.

 

After further investigation and due diligence it’s clear that the DVLA released my personal details to this Private Company for a fee in the form of a V888/2 request! As such I request DVLA furnish me with any and all information related to this V888/2 request by (PPC) including but not limited to evidence of Contract/Agreement between Town & City Parking Ltd and the Landowner.

 

The DVLA has a duty to protect my private information and not simply disclose to Private Entities for a fee on the basis of good faith!

 

Please refer to the photocopy Invoice from PPC which demonstrates they are members of British Parking Association (BPA). DVLA have deemed BPA an Accredited Trade Association (ATA). All BPA members must adhere to the BPA’s Code of Practice and be party to the BPA Approved Operator Scheme (AOS).

 

“All BPA members who are involved in car parking enforcement on private land must become a member of the BPA’s Approved Operator Scheme. The primary focus of the scheme is to ensure that all operators wishing to electronically access the DVLA’s vehicle keepers’ details database are a regulated member of an Accredited Trade Association (ATA).” Direct quote from BPA Code of Practice!

 

I will make the assumption (as I am not an expert) that the invoice (the only correspondence ever received from this company) is deemed a Notice to Owner as such it clearly violates the BPA’s Code of Practice.

 

NOTICE TO OWNER (As detailed in the BPA Code of Practice section (67) Part A)

 

"A Notice to Owner may be sent to the registered keeper at the address provided by the DVLA, not less than 28 days after the Parking Ticket was issued. This Notice to Owner must state the following:"

 

  • That a Parking Ticket was fixed to the vehicle and has not been paid;
  • That the opportunity to pay a discounted amount has been lost;
  • The details of the alleged contravention;
  • The location, date and time;
  • The vehicle’s registration mark, make and (optionally) colour;
  • The description of the alleged contravention;

 

When serving a Notice to Owner, Operators must include a leaflet advising motorists of the ‘reasonable cause’ for the request and the complaints procedure by which keepers can notify the Information Commissioner and DVLA if they believe their data has been used inappropriately. This should also include the disputes resolution procedure if the ticket is challenged.

 

All the above items in RED were clearly omitted from the PPC Invoice. This Invoice is in dispute!

 

I look forward to your response and investigation of PPC as they are clearly violating BPA’s Code of Practice and indeed DVLA’s Accredited Trade Association Scheme.

 

Yours

Edited by Fright-Flight-Fight
PPC HA!
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Ta but ...

 

How to request information from DVLA records

 

  • the V888 - for members of the public
  • the V888/2 - for companies (all circumstances, except where a penalty charge notice is issued)
  • the V888/3 - for companies (only if the keeper details are required to issue a penalty charge notice or reminder)

 

Explain please :)

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  • 2 weeks later...

“NO FURTHER INTIMATION WILL BE GIVEN”

Intimation- A slight suggestion or vague understanding?

Do they mean INTIMIDATION? the act of intimidating a weaker person to make them do something.

That will be good then!:)

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Well if 'No Further Intimation' will be given, that's their shorthand for telling you they'll no longer be contacting you, so won't that be a relief.

 

Their website is here; A. A. Hutton LLP - Debt Recovery, Sheriff Officers, Messengers-at-Arms, Credit Management

 

I've used them in the past and they're fine and upstanding - but they are only sending you the same stock letters they sent to my defaulting customer, and their charge for raising an action is considerably higher than sending out a few choice chaser letters.

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Well if 'No Further Intimation' will be given, that's their shorthand for telling you they'll no longer be contacting you, so won't that be a relief.

 

Indeed but that could translate to court papers will be filed. It's all fair and well people saying ignore but ideally one should be prepared in the unlikely event.

 

RK has a witness that the driver did not enter in to contract as no signs were visible/seen by either driver or passenger i.e. no signs were seen due to heavy rain/darkness nor yellow lines.

 

Thanks

Edited by Fright-Flight-Fight
small update/deletion
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The point I was making, was that when you CONTINUE to get more plaintive bleatings that you owe them money, you'll realise that not only are they lying to you about 'no further intimations', but also the bit about court action.

 

Sure, it's not unknown, but they are there to MAKE money, not gamble it on a court case.

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Which PPC do you work for then Dominic Creamer ;)

 

The driver will go to court if papers arrive and will defend the case. The driver did not enter in to contract and the extortionate fee is not fair or reasonable damages.

 

Oh and lets not forget that PPC did not adhere to BPA COP thus should not have access to DVLA via electronic means.

Edited by Fright-Flight-Fight
BPA COP
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I think he might be having a 'rest' ;)

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think he might be having a 'rest' ;)

 

I think may be for the best, coz although many of the "regulars" here found some of his posts entertaining, some of his recent posts were getting very near the knuckle with lies and could have mislead some newbies.

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Well he's on the the 'Naughty Step' now :p

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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